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Full text of "Ordinances and resolutions passed by the State Convention"

State Convention.] [June, 1861. 

Ordered to be Printed. 



Syrne 6c llall, Printers to the Convention. 



ODRINANCES AND RESOLUTIONS PASSED BY THE 
STATE CONVENTION. ' 



[No. 1.1 

AN ORDINANCE TO DISSOLVE THE UNION BE- 
TWEEN THE STATE OF NORTH CAROLINA AND 
THE OTHER STATES UNITED WITH HER UNDER 
THE COMPACT OF GOVERNMENT ENTITLED THE 
CONSTITUTION OF THE UNITED STATES. 

We, the people of the State of North Carolina, in Convention 
assembled, do declare and ordain, and it is hereby declared and 
ordained, That the ordinance adopted by the State of North 
Carolina in the Convention of 1789, whereby the Constitution 
of the United States was ratified and adopted, and also, all acts 
and parts of acts of the General Assembly, ratifying and 
adopting amendments to the said Constitution, are hereby 
repealed, rescinded and abrogated. 

We do further declare and ordain, That the union now sub- 
sisting between the State of North Carolina and the other 
States under the title of the United States of America, is hereby 
dissolved, and that the State of North Carolina is in the full 



V 



■2 State Convexttox. [June. 

possession and exercise of all those rights of sovereignty which 
belong and appertain to a free and independent State. 
Read three times and passed, 20th day of May, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Wal?er L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 2.] 

AN ORDINANCE VESTING IN THE CONFEDERATE 
STATES OF AMERICA JURISDICTION OVER CER- 
TAIN TRACTS OF LAND IN THE TOWN OF FAY- 
ETTEVILLE AND COUNTY OF CUMBERLAND. 

We, the people of North Carolina, in Convention, assembled, 
do declare and ordain, and it is hereby declared and ordained, 
That the jurisdiction of the State of North Carolina is hereby 
ceded to the Confederate States of America, for the purpose of 
maintaining and erecting therein Arsenals, Magazines, or other 
necessary buildings, over all that tract, piece or parcel of land, 
situate, lying and being in the town of Fayetteville and county 
of Cumberland, the jurisdiction over which was ceded the United 
States of America by an act of the General Assembly of the 
State of North Carolina, ratified on the 8th day of January, 
1839!, and is entitled "An Act vesting in the United States of 
America jurisdiction over a certain tract of land in the town of 
Fayetteville and county of Cumberland." 

And be it further declared and ordained, That jurisdiction in 
like manner and for like purposes is hereby ceded to the Con- 
federate States of America over all tracts or parcels of land 
adjacent to the same heretofore purchased by the United States 
of America. 

And be it further declared and ordained, Tlmt the jurisdic- 
tion so ceded to the Confederate States of America, is granted 



1861.] State Convention. 3 

upon the express condition that the State of North Carolina 
shall retain jurisdiction on and over the tracts of land aforesaid, 
so far that civil procese in all cases, and such criminal process 
as may issue under the authority of the State of North Carolina, 
against any person or persons charged with crimes committed 
■without said tract of land may be executed therein in the same 
Avay and manner as if this jurisdiction had not yet been ceded: 
The Confederate States to retain the said jurisdiction so long as 
said tract or tracts of land shall be used for the purposes ex- 
pressed in this Ordinance, and no longer. 

Be it further ordained, That the title and possession of the 
said lands is hereby ceded to the said Confederate States on the 
terms and conditions aforesaid. 

Read three times and passed, 5th of June, 1861. 

W, N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary, 



[No. -3.] 

AN ORDINANCE TO PROVIDE FOR THE APPOINT 
MENT OF A BOARD OF CLAIMS. 

Be it ordained, <$-e., That a Board of Claims, to consist of 
three members — two of whom shall be a quorum to do busi- 
ness — be elected by this Convention, whose duty it shall be to 
audit and settle, upon principles of equity and justice, all claims 
that may be presented against the State for expenses incurred 
towards the arming, equipping, subsistence and transportation 
of our volunteer troops, and of munitions of war, and for 
bounty paid said troops either in the military or naval service 
of the State, and other expenses incurred in the defence of the 
State prior to the 20th of May, 1861 ; and all County claims 
and other claims of the character aforesaid, arising since the 



4 St^'te Convention. [June, 

20th of May, 1861, which arc not provided for by law ; and 
no county or corporation claim shall be entertained by said 
Board, unless the same shall be certified by the County Trustee, 
or Chairman of the County Court, or by the corporate authori- 
ties of any corporation, as the case may be, whence the claim 
or claims may come. 

Be it further ordained, That the members of the said 
Board of Claims shall take and subscribe an oath faithfully 
and impartially to discharge their duties; they may employ a 
clerk who shall record the proceedings of the Board ; they shall 
give general and public notice of the times and place of their 
sittings; they shall be authorized to administer oaths and to 
require affidavits to be made when necessary. The said Board 
shall report the result of their labors and proceedings, with a 
brief statement of the character of each claim allowed at the 
conclusion of their labors, or from time to time, as they may 
think proper, to this Convention, either at the' present or any 
future session. Each member of the Board shall be allowed six 
dollars per day, and the clerk shall be allowed four dollars per 
day for each day they shall be actually employed. 

Be it further ordained, That this ordinance shall remain in 
force, and the Board hereby provided for shall continue in exis- 
tence) till the loth day of December next, subject to amend- 
ment, modification or repeal by this Convention, and, in case of 
the death, resignation or refusal to serve of any member of said 
Board of Claims during any recess, or after the final adjourn- 
ment of this Convention, such vacancy shall be supplied by the 
appointment of the Governor. 

Read three times and passed, 8th June, 1861. 

W. K EDWARDS, 
Teste: Pi est. of Convention. 

Walter L. Steele,' Secretary, 
L. C. Edwakds, Assistant Secretary. 






1861.] State Convention, 5 

[No. 4.] 

AN ORDINANCE TOUCHING THE AUTHENTICATION 
OF ORDINANCES AND OTHER ACTS OF THE 
CONVENTION. 

Be it ordained by this Convention, That ordinances and reso- 
lutions of this Convention having the effect of laws, shall be 
authenticated by the signature of the President and attestation 
of the Secretary and Assistant Secretary, and shall have the 
date of their final passage annexed thereto; from which date 
each ordinance and resolution shall take effect and go into ope- 
ration, unless some other time shall be therein appointed. 
Passed 8th day of June, 1861. 

W. N. EDWARDS, 
Teste: Prcst. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. o.] 
RESOLUTION. 

Resolved, That the Treasurer be, and he is hereby authorized 
to pay L. W. Joyncr, sixty-eight dollars, for services as clerk 
of the Military Committee. 

Read three times and passed, loth of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



6 State Convention. [June, 

[No. 6.] 
RESOLUTION. 

Resolved, That this Convention, apprceiating the valor and 
good conduct of the officers and men in the 1st Regiment of North 
Carolina Volunteers, do, as a testimonial of the same, authorize 
the said Regiment to inscribe the word "Bethel" upon their 
regimental colors. 

Read three times and passed, June 17th, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary, 



[No. 7.] 

AN ORDINANCE DEFINING TREASON AGAINST 
THE STATE. 

Be it ordained by this Convention, and it is hereby ordained 
by the authority of the same, as follows : Treason against the 
State of North Carolina, shall consist only in levying war 
against her, or in adhering to her enemies, giving them aid and 
comfort. No person shall be convicted of Treason unless on 
the testimony of two witnesses to the same overt act, or confes- 
sion in open court. 

Read three times and passed, 18th June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



1861. J State Convention. 7 

[No. 8.] 
AN ORDINANCE REPEALING THE ACT OF THE 
GENERAL ASSEMBLY CONVENING THE LEGIS- 
LATURE ON THE 25tii OF JUNE, 1861. 

Be it ordained, That the resolution passed by the General 
Assembly at its late session providing for an adjourned session 
of the said General Assembly on the 25th of June, 1861, be 
and the same is hereby abrogated and annulled. 

Be it further ordained, That there shall be a session of the 
General Assembly which shall convene on the 15th day of Au- 
gust next. 

Read three times and passed, 19th of June, 1861. 

W. N. EDWARDS, 
Teste: Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 9.] 
RESOLUTION. 

Resolved, That the President, Secretaries, Engrossing Clerk 
and Doorkeepers of this Convention be allowed the same com- 
pensation which is paid by the General Assembly to the officers 
who render similar services to that body. 

Resolved, That a committee of three be appointed, who shall 
during the sitting or after the adjournment of the Convention, 
audit and certify to the Governor all other claims on account of 
the contingent expenses of the Convention, and that they be 
authorized to allow three dollars per day and the travelling 
expenses of all messengers who may be employed by this Con- 
vention. 

Read three times and passed, 19th of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

, Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



f 



8 State Convention. [June, 

[No. 10.] 
RESOLUTION. 

Jlesolved, That four thousand copies of the Army Regulations 
of the Army of the Confederate States of America be printed 
for the use of the officers and soldiers of this State, now in ser- 
vice, and hereafter to be called into service. 

Resolved, That ten copies each be furnished to the members 
of this Convention, and that the Adjutant General be requested 
to distribute the remainder in such manner as to furnish to our 
soldiers a knowledge of the military laws by which they are to 
be governed. 

Read three times and passed, 19th June, 18(31. 

W. N. EDWARDS, 
Teste: Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 11.] 

AN ORDINANCE TO RATIFY THE CONSTITUTION 
OF THE CONFEDERATE STATES OF AMERICA. 

Whereas, On the eleventh day of March, A. D., 1861, at 
Montgomery, in the State of Alabama a Constitution was 
adopted by a Congress of delegates from the States of Alabama, 
Florida, Georgia, Louisiana, Mississippi, South Carolina and 
Texas, united under the name of the Confederate States of 
America, which Constitutien hath been ratified by each of the 
said States ; 

Now, therefore, this Convention, having seen and considered 
the said Constitution, doth, in behalf of the people of the State 
of North Carolina, adopt and ratify the said Constitution and 
form of Government, the tenor of which appears in a schedule 
hereto annexed. 



1861.] State Convention. 9 

CONSTITUTION OF THE CONFEDERATE STATES 
OF AMERICA. 

We, the people of the Confederate States, each State acting 
in its sovereign and independent character, in order to form a 
permanent federal government, establish justice, insure domestic 
tranquility and secure the blessings of liberty to ourselves and 
our posterity — invoking the favor and guidance of Almighty 
God — do ordain and establish this Constitution for the Confede- 
rate States of America. 

ARTICLE I. 
Section 1. 

All legislative powers herein delegated shall be vested in a 
Congress of the Confederate States, which shall consist of a 
Senate and House of Representatives. 

Section 2. 

1. The House of Representatives shall be composed o£ mem- 
bers chosen every second year by the people of the several 
States ; and the electors in each State shall be citizens of the 
Confederate States, and have the qualifications requisite for elec- 
tors of the most numerous branch of the State Legislature; 
but no person of foreign birth, not a citizen of the Confederate 
States, shall be allowed to vote for any officer, civil or political, 
State or Federal. 

2. No person shall be a Representative, who shall not have 
attained the age of twenty-five years, and be a citizen of the 
Confederate States, and who shall not, when elected, be an in- 
habitant of that State in which he shall be chosen. 

3. Representatives and Direct Taxes shall be apportioned 
among the several States, which may be included within this 
Confederacy, according to their respective numbers, which shall 
be determined, by adding to the whole number of free persons, 
including those bound to service for a term of years, and exclud- 
ing Indians not taxed, three-fifths of all slaves, The actual 

2 



10 State Convention. [Juno, 

enumeration, shall be made "within three years after the first 
meeting of the Congress of the Confederate States, and within 
every subsequent term of ten years, in such manner as they 
shall by law, direct. The number of Representatives shall not 
exceed one for every fifty thousand, but each State shall have at 
least one Representative; and until such enumeration shall be 
made, the State of South Carolina shall be entitled to choose 
six — the State of Georgia ten — the State of Alabama nine — 
the State of Florida two — State of Mississippi seven — the State 
of Louisiana six, and the State of Texas six. 

4. When vacancies happen in the representation from any 
State, the Executive authority thereof shall issue writs of elec- 
tion to fill such vacancies, 

5. The House of Representatives shall choose their Speaker 
and other officers ; and shall have the sole power of impeach- 
ment ; except that any judicial or other federal officer, resident 
and acting solely within the limits of any State, may be im- 
peached by a vote of two-thirds of both branches of the Leg- 
islature thereof. 

Section 3. 

1. The Senate of the Confederate States shall be composed 
of two Senators from each State, chosen for six years by the 
Legislature thereof, at the regular session next immediately 
preceding the commencement of the term of service ; and each 
Senator shall have one vote. 

2. Immediately after they shall be assembled, in consequence 
of the first* election, they shall be divided as equally as may be 
into three classes. The seats of the Senators of the first class 
shall be vacated at the expiration of the second year; of the 
second class at the expiration of the fourth year ; and of the 
third class at the expiration of the sixth year ; so that one-third 
may be chosen every second year ; and if vacancies happen by 
resignation, or otherwise, during the recess of the Legislature 
of any State, the executive thereof may make temporary ap- 
pointments until the meeting of the Legislature, which shall 
then fill such vacancies. 



1861.] State Convention. 11 

3. No person shall be a Senator who shall not have attained 
the age of thirty years, and be a citizen of the Confederate 
States , and who shall not, when elected, be an inhabitant of 
the State for which he shall be chosen. 

4. The Vice-President of the Confederate States shall be 
President of the Senate, but shall have no vote, unless they be 
equally divided. 

5. The Senate shall choose their other officers; and also a 
President pro tempore in the absence of the Vice President, or 
when he shall exercise the office of President of the Confede- 
rate States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the Confederate States 
is tried, the Chief Justice shall preside ; and no person shall 
be convicted without the concurrence of two-thirds of the mem- 
bers present. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust or profit, under the Confederate 
States; but the party convicted shall, nevertheless, be liable 
and subject to indictment, trial, judgment and punishment 
according to law. 

Section 4. 

1. The times, places and manner of holding elections for 
Senators and Representatives, shall be prescribed in each State 
by the Legislature thereof, subject to the provisions of this con- 
stitution : but the Congress may, at any time, by law, make or 
alter such regulations, except as to the times and places of choos- 
ing Senators. 

2. The Congress shall assemble at least once in every year ; 
and such meeting shall be on the first Monday in December, 
unless they shall, b$ law, appoint a different day: 



12 State Convention. [June, 

Section 5. 

1. Each House shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business ; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner and under 
such penalties as each House may provide. 

2. Each House may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the con- 
currence of two-thirds of the whole number, expel a member. 

3. Each^House shall keep a journal of its proceedings, and 
from time to time, publish the same, excepting such parts as 
may in their judgment require secrecy ; and the yeas and nays 
of the members of either House, on any question, shall, at the 
desire of one-fifth of those present, be enterd on the journal. 

4. Neither House, during the session of Congress, shall, with- 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two Houses 
shall be sitting. 

Section 6. 

1. The Senators and Representatives shall receive a compen- 
sation for their services, to be ascertained by law, and paid out 
of the treasury of the Confederate States. They shall, in all 
cases, except treason, felony and breach of the peace, be privi- 
leged from arrest during their attendance at the session of their 
respective houses, and in going to and returning from the same ; 
and for any speech or debate in either house, they shall not be 
questioned in any other place. 

2. No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the Confederate States, which shall have been cre- 
ated, or the emoluments whereof shall have been increased 
during such time ; and no person holding any office under the 
Confederate States shall be a member of either house during 
his continuance in office. But Congress may, by law, grant to 



1861.] State Convention. 13 

the principal officer in each of the Executive Departments a 
seat upon the floor of either house, with the privilege of dis- 
cussing any measures appertaining to his department. 

Section '7. 

1. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed both Houses, shall, 
before it becomes a law, be presented to the President of the 
Confederate States ; if he approve, he shall sign it ; but if not, 
he shall return it with his objections to that house in which it 
shall have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If, after such 
reconsideration, two- thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all 
such cases, the votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respec- 
tively. If any bill shall not be returned hj the President 
within ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress, by their adjournment, pre- 
vent its return ; r in which case it shall not be a law. The Presi- 
dent may approve any appropriation and disapprove any other 
appropriation in the same bill. In such case he shall, in signing 
the bill, designate the appropriations disapproved ; and shall 
return a copy of such appropriations, with his objections, to the 
house in which the bill shall have originated; and the same 
proceedings shall then be had as in the case of other bills dis- 
approved by the President. 

3. Every order, resolution or vote, to which the concurrence 
of both houses may be necessary, (except on a question of ad- 
journment) shall be presented to the President of the Confede- 



14 State Convention. [June, 

rate States; and before the same shall take effect, shall be 
approved by him ; or being disapproved by him shall be repassed 
by two-thirds of both houses, according to the rules and limita- 
tions prescribed in the case of a bill. 

Section 8. 

The Congress shall power — 

1. To lay and collect taxes, duties, imposts and excises, for 
revenue necessary to pay the debts, provide for the common 
defence, and carry on the government of the Confederate States : 
but no bounties shall be granted from the treasury ; nor shall 
any duties or taxes on importations from foreign nations be laid 
to promote or foster any branch of industry ; and all duties, 
imposts, and excises shall be uniform throughout the Confede- 
rate States : 

2. To borrow money on the credit of the Confederate States : 

3. To regulate commerce wich foreign nations, and among 
the several States, and with the Indian tribes ; but neither this, 
nor any other clause contained in the constitution, shall ever be 
construed to delegate the power to Congress to appropriate 
money for any internal improvement intended to facilitate com- 
merce ; except for the purpose of furnishing lights, beacons, 
and buoys, and other aids to navigation upon the coasts, and 
improvement of harbors and the removing of obstructions in 
river navigation, in all which cases, such duties shall be laid on 
the navigation facilitated thereby, as may be necessary to pay 
the costs and expenses thereof: 

4. To establish uniform laws of naturalization, and uniform 
laws on the subject of bankruptcies, throughout the Confederate 
States, but no law of Congress shall discharge any debt con- 
tracted before the passage of the same : 

5. To coin money, regulate the value theoreof and of foreign 
coin, and fix the standard of weights and measures : 

6. To provide for the punishment of counterfeiting the secu- 
rities and current coin of the Confederate States : 



1861.] State Convention. 15 

7. To establish postoffices and post routes ; but the expenses 
of the Postoffice Department, after the first day of March in 
the year of our Lord eighteen hundred and sixty-three, shall be 
paid out of its own revenues : 

8. To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries : 

9. To constitute tribunals inferior to the Supreme Court : 

10. To define and punish piracies and felonies committed on 
the high seas, and offences against the law of nations : 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water : 

12. To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years : 

13. To provide and maintain a navy : 

14. To make rules for the government and regulation of the 
land and naval forces : 

15. To provide for calling forth the militia to execute the 
laws of the Confederate States, suppress insurrections, and 
repel invasions : 

16. To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the Confederate States ; reserving to 
the States, respectively, the appointment of the officers, and the 
authority of training the militia according to the discipline pre- 
scribed Congress : 

17. To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, oy 
cession of one or more States and the acceptance of Congress, 
become the seat of the Government of the Confederate States ; 
and to exercise like authority over all purchased by the consent 
of the legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards and other 
needful buildings ; and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 



16 State Convention. [June, 

powers vested by this Constitution in the government of the 
Confederate States, or in any department or officer thereof. 

Section 9. 

1. The importation of negroes of the African race, from any 
foreign country, other than the slaveholding States or territo- 
ries of United States of America, is hereby forbidden; and 
Congress is required to pass such laws as shall effectually pre- 
vent the same. 

2. Congress shall also have power to prohibit the introduction 
of slaves from any State not a member of, or territory not 
belonging to, this Confederacy. 

8. The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

4. No bill of attainder, ex post facto law, or law denying of 
impairing the right of property in negro slaves shall be passed. 

5. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed 
to be taken. 

6. No tax or duty shall be laid on articles exported from any 
State, except by a vote of two-thirds of both houses. 

7. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one "State over those of another. 

8. No money shall be drawn from the treasury, but in conse- 
quence of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

9. Congress shall appropriate no money from the treasury 
except by a vote of two-thirds of both houses, taken by yeas 
and nays, unless it be asked and estimated for by some one of 
the heads of department, and submitted to Congress by the 
President ; or for the purpose of paying its own expenses and 
contingencies; or for the payment of claims against the Con- 
federate States, the justice of which shall have been judicially 
declared by a tribunal for the investigation of claims against 



1861.] State Convention. 17 

the government, which it is hereby made the duty of Congress 
to establish. 

10. All bills appropriating money shall specify in federal 
currency the exact amount of each appropriation and the pur- 
poses for which it is made ; and Congress shall grant no extra 
compensation to any public contractor, officer, agent or servant, 
after such contract shall have been made or such service ren- 
dered. 

11. No title of nobility shall be granted by the Confederate 
States ; and no person holding any office of profit or trust under 
them, shall, without the consent of the Congress, accept of any 
present, emolument, office or title of any kind whatever from 
any king, prince or foreign State. 

12. Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or abridg- 
ing the freedom of speech, or of the press ; or the right of the 
people peaceably to assemble and petition the government for a 
redress of grievances. 

13. A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear arms 
shall not be infringed. 

14. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor in time of war, 
but in a manner to be prescribed by law. 

15. The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable searches and 
seizures, shall not be violated ; and no warrants shall issue but 
upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the persons or 
things to be seized. 

16. No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of 
a grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service, in time of war or public 
danger ; nor shall any person be subject for the same offence 
to be twice put in jeopardy of life or limb ; nor to be compelled, 



18 State Convention. [June, 

in any criminal case, to be a witness against himself ; nor be 
deprived of life, liberty, or property without due process of 
law; nor shall private property be taken for public use without 
just compensation. 

17. In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the accusation ; 
to be confronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor ; and to 
have the assistance of counsel for his defence. 

18. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved ; and no fact so tried by a jury shall be otherwise 
re-examined in any court of the Confederacy, than according to 
the rules of the common law. 

19. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

20. Every law or resolution having the force of law, shall 
relate but to one subject, and that shall be expressed in the title. 

Section. 10. 

1. No State shall enter into any treaty, alliance, or confede- 
ration ; grant letters of marque and reprisal ; coin money ; make 
anything but gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, or ex post facto law, or law impairing 
the obligation of contracts ; or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what may 
be absolutely necessary for executing its inspection laws ; and 
the net produce of all duties and imposts, laid by any State on 
imports or exports, shall be for the use of the treasury of the 
Confederate States ; and all such laws shall be subject to the 
revision and^ontrol of Congress. 



1861.] State Convention. 19 

3. No State shall, without the consent of Congress, lay any 
duty on tonnage, except on sea-going vessels, for the improve- 
ment of its rivers and harbors navigated by the said vessels ; but 
such duties shall not conflict with any treaties of the Con- 
federate States with foreign nations ; and any surplus revenue, 
thus derived, after making such improvement, be paid into the 
the common treasury. Nor shall any State keep troops or ships 
of war in time of peace, enter into any agreement or compact 
with another State, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as will not 
admit of delay. But when any river divides or flows through 
two or more States, they may enter into compacts with each 
other improve the navigation thereof. 

ARTICLE II. 
Section 1. 

1. The executive power shall be vested in a President of the 
Confederate States of America. He and the Vice President 
shall hold their offices for the term of six years ; but the Presi- 
dent shall not be re-eligible. The President and Vice President 
shall be elected as follows : 

2. Each State shall appoint, in such manner as the legisla- 
ture thereof may direct, a number of electors equal to the whole 
number of Senators and Representatives to which the State 
may be entitled in the Congress ; but no Senator or Represen- 
tative, or person holding an office of trust or profit under the 
Confederate States, shall be appointed an elector. 

3. The electors shall meet in their respective States and vote 
by ballot for President and Vice President, one of whom, at 
least, shall not be an inhabitant of the same State with them- 
selves ; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice 
President, and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as Vice 
President, and of the number of votes for each, which lists they 
shall sign and certify, and transmit, sealed, to the seat of the 



20 State Convention. [June, 

government of the Confederate States, directed to the Presi- 
dent of the Senate ; the President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted ; the person 
having the greatest number of votes for President shall be the 
President, if such number be a majority of the whole number 
of electors appointed ; and if no person have such majority, 
then, from the persons having the highest numbers, not exceed- 
ing three, on the list of those voted for as President, the House 
of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one 
vote ; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of 
Representatives shall not choose a President, whenever the right 
of choice shall devolve upon them, before the fourth day of 
March next following, then the Vice President shall act as Presi- 
dent, as in case of the death, or other constitutional disability 
of the President. 

4. The person having the greatest number of votes as Vice 
President, shall be the Vice President, if such number be a 
majority of the whole number of electors appointed; and if no 
person have a majority, then, from the two highest numbers on 
the list the Senate shall choose the Vice Presdent; a quorum 
for the purpose shall consist of two-thirds of the whole number 
of Senators, and a majority of the whole number shall be neces- 
sary to a choice. 

5. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice President of the Con- 
federate States. 

6. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes ; which 
day shall be the same throughout the Confederate States. 

7. No person, except a natural born citizen of the Confede- 
rate States, or a citizen thereof at the time of the adoption of 



1861.] State Convention. 21 

this Constitution, or a citizen thereof born in the United States 
prior to the 20th of December, 1860, shall be eligible to the 
office of President ; neither shall any person be eligible to that 
office who shall not have attained the age of thirty-five years, 
and been fourteen years a resident within the limits of the Con- 
federate States, as they may exist at the time of his election. 

8. In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice 
President ; and the Congress may, by law, provide for the case 
of removal, death, resignation, or inability both of the Presi- 
dent and Vice President, declaring what officer shall then act 
as President, and such officer shall act accordingly until the 
disability be removed or a President shall be elected. 

9. The President shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected ; and 
he shall not receive within that period any other emolument 
from the Confederate States, or any of them. 

10. Before he enters on the execution of his office, he shall 
take the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will faithfully execute 
the office of the President of the Confederate States, and will 
to the best of my ability, preserve, protect, and defend the 
Constitution thereof." 

Section 2. 

1. The President shall be commander-in-chief of the army 
and navy of Confederate States, and of the militia of the several 
States, when called into the actual service of the Confederate 
States ; he may require the opinion, in writing, of the principal 
officer in each of the Executive Departments, upon any subject 
relating to the duties of their respective offices ; and he shall have 
power to grant reprieves and pardons for offences against the 
Confederate States, except in cases of impeachment. 



22 State Convention. [June, 

2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the Sen- 
ators present concur ; and he shall nominate, and by and with 
the advice and consent of the Senate, shall appoint ambassadors, 
other public ministers and consuls, Judges of the Supreme Court, 
and all other officers of the Confederate States, whose appoint- 
ments are not herein otherwise provided for, and which shall be 
established by law ; but the Congress may, by law, vest the 
appointment of such inferior officers, as they think proper, in 
the President alone, in the courts of law or in the heads of 
Departments. 

3. The principal officer in each of the Executive Departments, 
and all person? connected with the diplomatic service, may be 
removed from office at the pleasure of the President. All other 
civil officers of the Executive Department may be removed at 
any time by the President, or other appointing power, when 
their services are unnecessary, or for dishonesty, incapacity, 
inefficiency, misconduct, or neglect of duty ; and when so remov* 
ed, the removal shall be reported to the Senate, together with 
the reasons therefor. 

4. The President shall have power to fill all vacancies that 
may happen during the recess of the Senate, by granting com- 
missions which shall expire at the end of their next session ; but 
no person rejected by the Senate shall be re-appointed to the 
same office during their ensuing recess. 

Section 3. 

1. The President shall, from time to time, give to the Con- 
gress information of the state of the Confederacy, and recom- 
mend to their consideration such measures as he shall judge 
necessary and expedient ; he may, on extraordinary occasions, 
convene both houses, or either of them ; and in case of disa- 
greement between them, with respect to the time of adjourn- 
ment, he may adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed, and shall 
commission all the officers of the Confederate States. 



1861.] State Convention. 23 

Section 4. 

1. The President, Vice President, and all civil officers of the 
Confederate States, shall be removed from office on impeach- 
ment for, and conviction of, treason, bribery, or other high 
crimes and misdemeanors. 

ARTICLE III. 

Section 1. 

1. The judicial power of the Confederate States shall be 
vested in one Supreme Court, and in such Inferior Courts as 
the Congress may from time to time ordain and establish. The 
judges, both of the Supreme and Inferior Courts, shall hold 
their offices during good behavior, and shall, at stated times, 
receive for their services a compensation, which shall not be 
diminished during their continuance in office. 

Section 2. 

1. The judicial power shall extend to all cases arising under 
this Constitution, the laws of the Confederate States, and 
treaties made or which shall be made under their authority; to 
all cases affecting ambassadors, other public ministers and con- 
suls; to all cases of admiralty and maritime jurisdiction; to 
controversies to which the Confederate States shall be a party 
to controversies between two or more States ; between a State ' 
and citizen of another State where the State is plaintiff ; between 
citizens claiming lands under grants of different States ; and 
between a State or the citizens thereof, and foreign States, citi- 
zens or subjects ; but no State shall be sued by a citizen or 
subject of any foreign State. 

2. In all cases affecting ambassadors, other public ministers, 
and consuls, and those in which a State shall be a party, the 
Supreme Court shall have original jurisdiction. In all the other 
cases before mentioned, the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions, and 
under such regulations as the Congress shall make. 



24 State Convention. [June, 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall be held in the State where 
the said crimes shall have been committed ; but when not com- 
mitted within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section 3. 

1. Treason against the Confederate States shall consist only 
in, levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act or on confession in open court. 

2. The Congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corruption of 
blood, or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

Section 1. 

1. Full faith and credit shall be given in each State to the 
public acts, records and judicial proceedings of every other 
State. And the Congress may, by general laws, prescribe the 
manner in which such acts, records and proceedings shall be 
proved, and the effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all the privi- 
leges and immunities of citizens in the several States, and shall 
have the right of transit and sojourn in any State of this Con- 
federacy, with their slaves and other property ; and the right of 
property in said slaves shall not be thereby impaired. 

2. A person charged in any State with treason, felony, or 
other crime against the laws of such a State, who shall flee from 
justice, and be found in another State, shall, on demand of the 
Executive authority of the State from which he fled, be delivered 
up, to be removed to the State having jurisdiction of the crime. 



1861.] State Convention. '25 

8. No slave or other person held to service or labor in any 
State or territory of the Confederate States under the laws 
thereof, escaping or lawfully carried into another, shall, in con- 
sequence of any law or regulation therein, be discharged from 
such service or labor ; but shall be delivered up on claim of the 
party to whom such slave belongs, or to whom such service or 
labor may be due. 

Section 3. 

1. Other States may be admitted into this Confederacy by a 
vote of two-thirds of the whole House of Representatives, and 
two-thirds of the Senate, the Senate voting by States; but no 
new State shall be formed or erected within the jurisdiction of 
any other State ; nor any State be formed by the junction of 
two or more States, or parts of States, without the consent of 
the Legislatures of the States concerned as well as of the Con- 
gress. 

2. The Congress shall have power to dispose of and make 
all needful rules and regulations concerning the property of the 
Confederate States, including the lands thereof. 

3. The Confederate States may acquire new territory ; and 
Congress shall have power to legislate and provide government 
for the inhabitants of all territory belonging to the Confederate 
States, lying without the limits of the several States ; and may 
permit them, at such times, and in such manner as it may by 
law provide, to form States to be admitted into the Confederacy. 
In all such territory, the institution of negro slavery as it now 
exists in the Confederate States, shall be recognized and pro- 
tected by Congress, and by the territorial government : and the 
inhabitants of the several Confederate States and territories, 
shall have the right to take to such territory any slaves law- 
fully held by them in any of the States or territories of the 
Confederate States. 

4. The Confederate States shall guaranty to every State that 
now is or hereafter may become a member of this Confederacy, 
a republican form of government, and shall protect each of 

4 



26 State Convention. [June, 

them against invasion ; and on application of the Legislature 
(or of the Executive when the Legislature is not in session) 
against domestic violence. 

ARTICLE V. 

Section 1. 

1. Upon the demand of any three States, legally assembled 
in their several conventions, the Congress shall summon a con- 
vention of all the States, to take into consideration such amend- 
ments to the Constitution as the said States shall concur in sug- 
gesting at the time when the said demand is made ; and should 
any of the proposed amendments to the Constitution be agreed 
on by the said convention — voting by States — and the same be 
ratified by the legislatures of two-thirds of the several States, or 
by conventions in two-thirds thereof — as the one or the other 
mode of ratification may be proposed by the general conven- 
tion — they shall from thenceforward form a part of this consti- 
tute But no State shall, without its consent, be deprived of 

its equal representation in the Senate. 

ARTICLE VI. 

1. The Government established by this constitution is the 
successor of the Provisional Government of the Confederate 
States of America, and all the laws passed by the latter shall 
continue in force until the same shall be repealed or modified ; 
and all the officers appointed by the same shall remain in office 
until their successors are appointed and qualified, or the offices 
abolished. 

2. All debts contracted and engagements entered into before 
the adoption of this constitution shall be as valid against the 
Confederate States under this constitution as under the Pro- 
visional Government. 

3. This constitution, and the laws of the Confederate States, 
made in pursuance thereof, and all treaties made, or which shall 
be made under the authority of the Confederate States, shall 
be the supreme law of the land ; and the judges in every State 



1861.] State Convention. 27 

shall be bound thereby, anything in the constitution or laws of 
any State to the contrary notwithstanding. 

4. The Senators and Representatives before mentioned, and 
the members of the several State Legislatures, and all execu- 
tive and judicial officers, both of the Confederate States, and 
of the several States, shall be bound by oath or affirmation, to 
support this constitution; but no religious test shall ever be 
required as a qualification to any office or public trust under the 
Confederate States. 

5. The enumeration, in the Constitution, of certain rights, 
shall not be construed to deny or disparage others retained by 
the people of the several States. 

6. The powers not delegated to the Confederate States by 
the Constitution, nor prohibited by it to the States, are reserved 
to the States, respectively, or to the people thereof. 

ARTICLE VII. 

1. The ratification of the convention of five States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

2. When five States shall have ratified this Constitution, in 
the manner before specified, the Congress Under the Provisional 
Constitution, shall prescribe the time for holding the election of 
President and Vice President ; and, for the meeting of the 
Electoral College ; and, for counting the votes, and inaugurating 
the President. They shall, also, prescribe the time for holding 
the first election for members of Congress under this constitu- 
tion, and the time for assembling the same. Until the assem- 
bling of such Congress, the Congress under the Provisional 
Constitution shall continue to exercise the legislative powers 
granted them ; not extending beyond the time limited by the 
Constitution of the Provisional Government. 

Read three times and passed, 19th of June, 1861. 

W. K EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



28 State Convention. [June, 

[No. 12.] 
RESOLUTIONS. 

Resolved, That the Comptroller be directed to lay before this 
Convention a tabular statement exhibiting the Public taxes paid 
into the Treasury of the State from each county, for the five 
years preceding the 1st day of [January, 1860, distinguishing 
the several subjects from which such taxes were derived, and 
the amounts received from each subject respectively, in each 
successive year, 

Resolved, That the Comptroller be and he is hereby author- 
ized to employ such additional clerical force as may be neces- 
sary to enable him to furnish the foregoing information at an 
early period. 

Read three times and passed, 20th day of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 13.] 
AN ORDINANCE PROVIDING FOR COMPENSATION 
TO SHERIFFS FOR HOLDING ELECTIONS FOR 
DELEGATES TO THIS CONVENTION. 

Be it ordained, dfc, That the Sheriffs of the several counties 
in this State are entitled to, and hereby allowed the same com- 
pensation for holding the late elections for delegates to this Con- 
vention as they are now allowed by law for holding elections for 
members of the General Assembly, and the Treasurer be, and 
he is hereby directed to allow the same to the Sheriffs in the 
settlement of their accounts. 

Read three times and passed, 20th June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



1861.] State Convention. 20 

[No. 14.] 

AN ORDINANCE TO AMEND THE 4TH SECTION OF 
THE 4TH ARTICLE OF THE AMENDMENTS TO 
THE CONSTITUTION. 

Be it ordained by this Convention of the people, and it is 
hereby ordained by the authority of the same, That the fourth 
section of the fourth article of the amendments to the Consti- 
tution, proposed and ratified in the year eighteen hundred and 
thirty-five, be amended by striking out the word United and 
inserting in lieu thereof the word Confederate before the word 
States. 

Read three times and passed, 20th of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 15.] 

RESOLUTION TOUCHING THE COMPENSATION OF 
THE PRINTERS TO THIS CONVENTION. 

Resolved, That the Secretary of State be and he is hereby 
directed to make settlement with the Printers to this Conven- 
tion under the same laws and regulations as govern his settle- 
ments with the State Printer. 

Read three times and passed, 20th June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



30 State Convention. [June, 

[No. 16.] 

AN ORDINANCE TO RATIFY THE CONSTITUTION 
OF THE PROVISIONAL GOVERNMENT OF THE 
CONFDERATE STATES OF AMERICA. 

We, the 'people of North Carolina in Convention assembled, 
do declare and ordain, and it is hereby declared and ordained, 
That the State of North Carolina does hereby assent to, and 
ratify the Constitution for the Provisional Government of the 
Confederate States of America, adopted at Montgo :/.< In the 
State of Alabama, on' the 8th day of February, A. L»., 1861, 
by the Convention of Delegates from the States of South Car- 
olina, Georgia, Florida, Alabama, Mississippi and Louisiana, 
and that North Carolina will enter into the federal association 
of the States upon the terms therein proposed when admitted 
by the Congress or any competent authority of the Confederate 
States. 

Done at Raleigh the twentieth day of May, in the year of 
our Lord, one thousand eight hundred and sixty-one. 

Read three times and passed, 20th of June, 1861. 

W. N. EDWARDS, 
Teste: Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 17.] 

A RESOLUTION TO RAISE AN ADDITIONAL BAT- 
TALION OF CAVALRY. 

Resolved, That in addition to the Regiment of Cavalry at 
present authorized to be formed for service during the war, the 
Governor be authorized to receive such other companies as have 
tendered or may hereafter tender their services for the same 



1861.] State Convention. 31 

period, not exceeding five troops or a half Regiment and that 
they be officered in like manner as the said Regiment of Cavalry 
herein referee! to. 

Read three times and passed, 21st of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 18.] 
RESOLUTION. 

Resolved, That the President of this Convention issue a Writ 
to the Sheriff of Bladen county, instructing him to hold an 
election in said county on the first Thursday in August next, 
for the purpose of electing a delegate to fill a vacancy in this 
Convention caused by the resignation of T. D. McDowell, Esq. 
Read three times and passed, 21st June, 1861. 

W. N. EDWARDS, 
Teste: Pi est. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 19.] 

RESOLUTION AUTHORIZING THE RAISING OF RE- 
CRUITS FOR THE 1ST REGIMENT OF NORTH 
CAH NA VOLUNTEERS. 

Resolved, That the Governor be, and he is hereby authorized 
and directed to receive into service, and to arm and equip, on 
application of the recruiting officers appointed by the Colonel 
of the 1st Regiment of North Carolina Volunteers, all such 



32 State Convention. [June, 

Volunteers as the said recruiting officers may obtain for their 
respective companies ; the said recruits to be received and sworn 
in*for the same length of time and subject to the same regula- 
tions as the original privates in the respective companies for 
which they are recruited are now bound for. 
Read three times and passed, 22d June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 

L. C. Edwards, Assistant Secretary. 



[No. 20.] 
AN ORDINANCE IN RELATION TO A STATE FLAG. 

Be it ordained by this Convention, and it is hereby ordained 
by the authority of the same, That the Flag of North Carolina 
shall consist of a red field with a white star in the centre, and 
with the inscription, above the star, in a semi-circular form, of 
"May 20th, 1775," and below the star, in a semi-circular form, 
"May 20th, 1861." That there shall be two bars of equal 
width, and the length of the field shall be equal to the bar, the 
width of the field being equal to both bars : the first bar shall 
be blue, and the second be white ; and the length of the Flag 
shall be one-third more than its width. 

Read three times and passed, June 22d, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary, 



1861.] State Convention. 33 

[No. 21.] 
RESOLUTION IN RELATION TO THE DEPOSIT 
AND PUBLICATION OF THE ORDINANCES OF 
THE CONVENTION. 

Resolved, That the Secretary of this Convention deposit in 
the office of the Secretary of State, for safe keeping, all the 
Ordinances and Resolutions passed by the Convention having 
the force and effect of laws ; and the Secretary of the State 
shall cause the same to be published in three newspapers .pub- 
lished in the City of Raleigh ; and he is authorized to contract 
for said publication at reasonable rates ; the expense thereof 
shall be paid as other public printing : and it shall be sufficient 
for him to furnish one certified copy only (for which he shall be 
paid the same fee as for certifying the acts of the General 
Assembly,) to one of the newspapers, and a printed copy to the 
others. , . 

Read three times and passed, 24th June-, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
iL. C. Edwards, Assistant Secretary. 



[No. 22.] 
AN ORDINANCE IN RELATION TO TAXATION. 

Section 1. Be it ordained, That the third section of the 
fourth article of the amendments of the Constitution be and the 
same is hereby annulled. 

Sec. 2. Be it further ordained, That all free males over the 
age of twenty-one years and under the age of forty-five years, 
shall be subject to a capitation tax, not less than the tax laid 
on land of the value of three hundred dollars, and no other free 
person nor slave shall be liable to such taxation ; and also land 
and slaves shall be taxed according to their value, and the tax 

5 



34 State Convention. [June, 

on slaves shall be as much but not more than that on land 
according to their respective values ; but the tax on slaves may 
be laid on their general average value in the State, or on their 
value in classes in_ respect to age, sex, and other distinctive pro- 
perties, in the discretion of the General Assembly, and the 
value be assessed in such modes as may be prescribed by law : 
Provided, That nothing herein contained shall prevent the 
exemption from taxation of soldiers in the public service, or of 
free males or slaves, in cases of bodily or mental infirmity, or 
of such real estate as hath hitherto been exempted by law. 
Read three times and passed, 25th June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 23.] 

AN ORDINANCE TO PROVIDE FOR THE PAYMENT 
OF THE MILITIA WHILE IN ACTIVE SERVICE. 

Be it ordained by the Delegates of the people in Convention 
assembled and it is hereby ordained by the authority of the 
same. That the Militia who have been or may be called into 
the service of the State by the Governor, shall, while in actual 
service, receive the pay allowed by law to volunteers. 
Read three times and passed, June 26th, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary, 



1861.] State Convention. 35 

[No. 24.] 
RESOLUTION IN FAVOR OF THE DOOR KEEPERS. 

Resolved, That the Public Treasurer be and he is authorized 
to pay the Principal and Assistant Door keepers of this Con- 
vention the sum of fifty dollars each, as extra compensation for 
the hire of servants. 

Read three times and passed, 26th of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. . 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 25.] 
RESOLUTION. 

Resolution, That the President of this Convention, or in case 
of his death, any one of the five delegates authorized in that 
event to call a session of the Convention ^ be, and he is hereby au- 
thorized and empowered, during the reCess thereof, to receive the 
resignation of delegates, and to issue writs of election to supply 
vacancies thus created in such manner and at such times as to 
him shall seem meet ; and in like manner to issue writs of elec- 
tions in case of the death of any member of the Convention, 
in the recess, the Sheriff of the County certifying the death of 
the member. 

W. N. EDWARDS, 
Teste: Prest. of Convention. 

Walter L. Steele, Secretary, 

L. C. Edwards, Assistant Secretary. 



36 State Convention. [June, 

[No. 26.] 
RESOLUTION. 

Resolved, That the Governor be requested to communicate 
to the Convention, at as early a day as practicable, a list of 
the appointments to office made by him since the third Monday 
of November, 1860 ; whether by and with the advice and con- 
sent of the Military board or otherwise ; the dates of such ap- 
pointments, and under what laws made ; the manner, pay and 
rank of each officer, and also what appointments it will be in- 
cumbent on the Executive to make under laws of the General 
Assembly passed at the last regular and special session. 

Resolved, That if necessary, the Governor may employ such 
additional clerical force as may bo necessary to furnish said in- 
formation. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 

L. C. Edwards, Assistant Secretary. 



[No. 27.] 
RESOLUTION. 

Resolved, That the Volunteers and State troops tendered, 
accepted and employed in the public service, at any time prior 
to the 15th August, 1861, shall be exempt from the payment 
of free poll taxes for which they are now responsible, and shall 
not be compelled to list a taxable free white poll for this year ; 
and the Sheriffs shall be allowed the amount of such exemptions 
in the settlement of their respective public accounts, by filing 
with the Clerk of the County Court a list, under oath, of the 
names of such volunteers and State troops, and it shall be the 
duty of the clerks of the several county Courts to certify to 



1861.] State Convention. 37 

the comptroller, under their seal of office, the list of polls so 
filed with them. 

Read three times and passed, 26th of June, 1861. 

W. N. EDWARDS, 
Teste: Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 28.] 
RESOLUTION. 

Resolved, That the resolution heretofore passed, providing 
for a recess of this Convention this evening at 7 o'clock, be, 
and the same is hereby rescinded, and that this Convention will 
adjourn on Friday next at 2 o'clock, p. m., and will meet again 
on the 3d Monday in November next, unless sooner convened 
by the President, or by Thomas Ruffin, of Alamance, William 
A. Graham, of Orange, Bedford Brown, of Caswell, James W. 
Osborne, of Mecklenburg, and Asa Biggs, of Martin, members 
of the Convention, or any three of them, in case of his death. 
Read three times and passed, 26th of June, 1861. 

W. N. EDWARDS, 
Teste: Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 29.] 
AN ORDINANCE TO CEDE TO THE CONFEDERATE 
STATES, THE PROPERTY IN AND JURISDICTION 
OVER THE FORTS, LIGHT HOUSES, BEACONS, 
MARINE HOSPITALS AND MINT IN NORTH 
CAROLINA. 

Sec. 1. Be it ordained by the delegates of the people of North 
Carolina in Convention assembled, That the property in all tracts 



38 State Convention. [June, 

or parcels of land, lately held by the United States within the 
limits of North Carolina, on which were erected any fortifica- 
tion, Light Houses, Beacons or Marine Hospitals, and also the 
lot in the town of Charlotte, in the county of Mecklenburg, on 
which is situated the buildings of the Mint, be and the same are 1 
hereby granted to, and vested in the Confederate States of 
America, for the like objects, uses, and purposes, for which they 
were formerly held by the said United States, to have and to 
hold the same to the said Confederate States so long as they 
shall severally be devoted and applied to such objects, uses and 
purposes, and no longer. 

Sec. 2. Be it further ordained by the authority aforesaid, 
That all armaments, furniture and machinery at or in any of 
such Fortifications, Light Houses, Beacons, Marine Hospitals, 
or Mint, are hereby granted to, and vested in the said Confede- 
rate States, for the objects, uses, and upon the conditions afore- 
said. 

Sec. 3. Be it further ordained, That the jurisdiction of the 
State of North Carolina, over each and all of said tracts or 
parcels of land, and the buildings situate thereon, is hereby 
granted to the said Confederate States of America, excepting 
and reserving to this State the power to execute within, and upon 
the same, civil process in all cases, and such criminal process as 
may issue under her authority against persons charged with 
offences committed without the limits of said tracts or parcels of 
land such jurisdiction to be retained by the said Confederate 
States, so long as the said tracts or parcels of land shall be 
used for the purposes hereinbefore expressed, and no longer. 

Read three times and passed, 27th June, 1861. 

W. N. EDWARDS, 
Teste: Pi est. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



1861.] State Convention. 

[No. 30.] 
AN ORDINANCE TO PROVIDE FOR THE DISPOSI- 
TION OF THE STATE TROOPS AND VOLUNTEERS 
RAISED UNDER THE ACTS OF THE GENERAL 
ASSEMBLY, RESPECTIVELY, ENTITLED, "AN 
ACT TO RAISE TEN THOUSAND STATE TROOPS," 
RATIFIED THE 8th DAY OF MAY, AND "AN 
ACT TO PROVIDE FOR THE PUBLIC DEFENCE," 
RATIFIED THE 10th DAY OF MAY, 1861, AND 
FOR OTHER PURPOSES. 

1. Be it ordained by the Delegates of the people of North 
Carolina in Convention assembled, That the State troops levied 
under the act of the General Assembly, first aforesaid, which 
have been formed into regiments, with proper complements of 
officers and men, be, and the same are hereby transferred, by 
regiments, to the Confederate States of America, upon the same 
terms and conditions as if they had been raised under the 
authority of the said Confederate States. 

2. Be it further ordained by the authority aforesaid, That 
all levying and recruiting of troops under said act shall cease 
and determine from and after the 20th day of August next ; 
and that all troops which shall have been raised under said act 
prior to that day, shall be organized into regiments and trans- 
ferred to the Confederate States in the manner and upon the 
terms and conditions aforesaid. And if there shall be an excess 
in the number of said troops, sufficient to form a battalion, com- 
panies or company, such excess may be organized according to 
its appropriate numbers, and transferred in like manner. 

3. Be it further ordained, That all appointments of officers 
under said act, either in the line or in the staff, over and above 
the number appropriate to and required by the regiments, bat- 
talions and companies thus organized, shall cease and be vacated 
on the said 20th day of August next ; and that His Excellency, 
the Governor, may, in his discretion, order any Quartermaster, 
Commissary or Medical stores, owned by the State, and not 



40 State Convention. [June, 

required for immediate use, to be turned over to the said Con- 
federate States upon proper receipts for the articles thus deliv- 
ered, to be taken by the officers accountable for the same. 

4. Be it further ordained, That all commissions to officers in 
the aforesaid State troops, issued by the Governor and Military 
Board, under the authority of the act of the General Assembly 
to create a Military Board, ratified the 10th day of May, 1861, 
who shall remain in service after the 20th day of August next ; 
as aforesaid, are hereby ratified and confirmed, notwithstanding 
any provision in the Constitution of the State for a different 
mode of appointment. 

5. Be it further ordained, That the naval forces and vessels 
of the State be transferred to the Confederate States, upon the 
same terms and conditions that are provided as to State troops, 
in the second section of this ordinance, the said vessels to be 
paid for or accounted for upon terms to be agreed upon by 
the Governor with the Confederate States ; and that after the 
20th day of August next, all naval officers of this State shall be 
discharged, and all vessels of the navy not accepted by the 
Confederate States, shall be sold under the direction of the 
Governor. And whereas, the President of the Confederate 
States, through a communication from the Secretary of War, 
has informed this Convention that he will accept from this State 
into the service of the Confederate States, two thousand volun- 
teers for twelve months, in addition to the four regiments 
already in service, and cannot accept any greater number of vol- 
unteers for twelve months. 

6. Be it therefore ordained by the authority aforesaid, That all 
volunteers who have been called out by the order of the Gov- 
ernor for twelve months, over and above the four regiments 
aforesaid and two thousand men, to be designated by the Gov- 
ernor, and tendered to the President for service as aforesaid, 
shall be discharged on the 20th of August next ; Provided, 
That any of said volunteers who shall signify their desire to en- 
list in the State troops aforesaid or in any corps that may be 
called for by the President in the mean time, shall be discharge 



1861.] State Convention. 41 

ed forthwith, to the end that they may enter such new service ; 
and Provided further, That the Governor shall again tender 
such volunteers by regiments to the President of the Confed- 
erate States, and if the President shall agree to accept them or 
any part of them by, or before the 20th day of August next, 
it shall be the duty of the Governor to order them, or as many 
of them as the President shall accept, into the service of the 
Confederate States, and discharge only the residue. Provided, 
further, That any volunteers discharged as aforesaid shall, in 
addition to their pay, be allowed reasonable expenses for travel- 
ing to their several homes ; and Provided, further, That the 
Governor may order out the Militia as volunteers or otherwise, 
in case of invasion or imminent danger thereof. 

7. Be it further ordained, That all provisions of the afore- 
said acts of the Assembly, authorizing the raising of a greater 
number of men, or of a different species of force than is here- 
inbefore comprehended, or as are otherwise inconsistent with 
this Ordinance, are hereby repealed and declared of no effect. 

8. Be it further ordained, That the act of the General As- 
sembly entitled " an act to create a Military Board," be, and 
the same is hereby repealed from and after the 20th day of 
August next ; Provided, That the office of Military Secretary 
shall be continued until the 20th day of September next, for 
the purpose of settling the Military accounts. 

9. Be it further ordained, That no oath shall be required to be 
taken by the officers or soldiers of any of the forces aforesaid, ex- 
cept the oath of allegiance to the State of North Carolina, prior to 
their being mustered into the service of the Confederate States ; 
but each man shall be held and deemed to be in the military 
service and subject to the rules and articles of war of the Con- 
federate States from the time of his signing the articles of en- 
listment. 

10. Be it further ordained, That it shall be the duty of the 
Governor to take immediate measures, and issue the necessary 
orders to carry into effect the foregoing provisions of this ordi- 
nance. 

6 



42 State Convention. [June, 

Sec. 11. Be it further ordained, That this ordinance maybe 
amended, modified or repealed by the General Assembly, so far 
as regards the discharge of the twelve months volunteers which 
may not have been accepted by the Government of the Confed- 
erate States. 

Read three times and passed, 27th of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 31.] 

AN ORDINANCE TO SECURE TO CERTAIN OFFICERS 
AND SOLDIERS THE RIGHT TO VOTE. 

Section. 1. Be it ordained by this Convention and it is here- 
by ordained by authority of the same, That all officers and sol- 
diers in the service of the State, or of the Confederate States, 
who are of the age of twenty-one years, and who are citizens 
of this State, or who, if within the State, shall be absent from 
their respective counties at elections hereafter to be held, if the 
exigencies of the times shall permit, shall be entitled to vote for 
Sheriffs, Clerks of the County and Superior Courts, and mem- 
bers of the General Assembly for their respective counties ; and 
shall also be entitled to vote for Governor, Electors, for Presi- 
dent and Vice-President of the Confederate States, and for 
members of the Confederate Congress for their respective dis- 
tricts. 

Sec. 2. Be it further ordained, That three free-holders of 
the respective companies, under the direction of the command- 
ing officers of the regiments to which they belong, shall open 
polls on Thursday before the day appointed for holding elec- 
tions in this State, and said elections shall be conducted in all 
respects according to the laws of this State. The three free- 



1861.] State Convention. 43 

holders aforesaid shall prepare a fair copy of the votes polled , 
and shall transmit the same with the list of voters to the Sher- 
iffs of their respective counties ; and where officers and soldiers 
in the same companies shall vote in different counties or differ- 
ent Congressional districts, the said free-holders shall specify- 
accordingly, and make returns to the Sheriffs of the different 
counties above referred to. 

Sec. 8. Be it further ordained, That the Sheriffs of the re- 
spective counties of this State shall count the votes of the said 
officers and soldiers, if received within seven days after the 
elections ; and they shall not declare the result of the said 
election until the seven days above mentioned shall have ex- 
pired. 

Sec. 4. Be it further ordained, That this ordinance shall 
be in force from and after the day of its ratification ; Provided, 
This ordinance shall be in force during the existence of the 
present war with the United States and no longer. 

Read three times and passed, 25th of June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter SL. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



[No. 32.] 
RESOLUTION. 

Ordered, That the Secretary cause five hundred copies of all 
the Ordinances and Resolutions having the force of laws adopted 
at this session, to be printed in pamphlet form ; the said ordi- 
nances and resolutions to be inserted in the order of their dates, 
and in the form in which they stand enrolled : Two copies of 
the same to be distributed to each member of the Convention, 
one to each of the officers ; twenty-five to be deposited in the 
office of the Secretary of State ; ten to be delivered to the 



44 State Convention. [June, 

Clerk of the Supreme Court for the use of the Court ; one to 
each of the Superior Court Judges and solicitors ; the residue 
to be retained, subject to further order. 

Read three times and passed, June 27th, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary, 



[No. 33.] 
RESOLUTION. 

Resolved, That His Excellency, the Governor, be requested, 
and the Treasurer be directed, to execute and deliver to the 
Wilmington, Charlotte and Rutherford Railroad Company, the 
amount of coupon State bonds to which the said corporation 
•was entitled on the 1st day of April last, for work before that 
time accomplished : Provided, The same shall be accepted by 
the said corporation at their par value : Provided, This resolu- 
tion shall not be construed to authorize or direct the Governor 
and Treasurer to issue any other State bonds to any other cor- 
poration in this State, unless, in his judgment, he may consider 
it his duty to do so under the requirements of law. 

Read three times and passed, 28th June, 1861. 

W. N. EDWARDS, 
Teste : Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



1861.] State Convention. 45 

[No. 34.] 

AN ORDINANCE TO PROVIDE THE WAYS AND 
MEANS FOR THE DEFENCE OF THE STATE. 

Sec. 1. Be it ordained, £c, That the sum of three millions 
two hundred thousand dollars, or so much thereof as may be 
necessary, be, and the same is hereby appropriated to meet the 
demands on the Public Treasury for the next ensuing two years, 
which sum shall be raised and provided for in the way and man- 
ner following : 

Sec. 2. Be it further ordained, That the Public Treasurer 
is hereby authorized and required to have suitably prepared, 
and to issue Treasury notes, payable to bearer upon the faith 
and credit of the State, to the amount of two hundred thousand 
dollars, of the various denominations of ten, twenty-five and 
fifty cents, in the following proportions, to wit : forty thousand 
dollars in notes or bills of ten cents, sixty thousand dollars in 
bills or notes of twenty-five cents, and one hundred thousand 
dollars in notes or bills of fifty cents, which said notes shall be 
receivable in payment of public dues : shall bear no interest ; 
shall be made payable to bearer, and be signed by the public 
Treasurer, or by some person to be by him duly authorized and 
appointed to sign the same, and who shall receive a reasonable 
compensation for such service, to be paid out of the Public 
Treasury, and shall be redeemable on or before the first day of 
January, 1866. Provided, however, That no such notes shall 
be issued before the first day of March next, and that the Gen- 
eral Assembly may make provision for the redemption of said 
notes before the time specified, or may extend the time of re- 
demption, as in their judgment the public may require. The 
public Treasurer and Comptroller shall each provide a book in 
which shall be kept an accurate account of all the notes of the 
various denominations paid out under the provisions of this ordi- 
nance, and also an accurate account of all sums returned to the 
Treasury : which books shall at all times be open to the inspec- 
tion of the General Assembly, and for the keeping of such 



46 State Convention. [June, 

books, they may, if absolutely necessary, be allowed to employ 
some suitable person to act as clerk. 

Sec. 3. Be it further ordained. That the public Treasurer 
of the State be, and he is hereby authorized and directed to 
negotiate a loan or loans, with the several banks of this State, 
or with private individuals, in such sums and at such times as he 
may deem necessary and proper, to an amount not exceeding, 
in the aggregate, the sum of three millions of dollars, including 
the amount already borrowed of the banks of this State, under 
the provisions of an act passed at the last session of the Gen- 
eral Assembly, entitled " An act to provide ways and means 
for the public defence" — for which the said public Treasury shall 
issue the bonds of the State bearing six per cent, interest, and 
payable twelve months after the date thereof ; and should the 
public Treasury not be prepared to pay the same at maturity, 
he is hereby authorized to renew the same on such terms and 
for such times as he may think proper, or to negotiate new loans 
in lieu thereof, and he, the public Treasurer, shall keep a true 
and accurate account of all such loans, and make report there- 
of to the General Assembly from time to time. 

Sec. 4. Be it further ordained. That those banks in this 
State who shall loan to the State their pro rata amount of the< 
sum hereby authorized to be borrowed of them, whose charters 
forbid their issuing bills of a less denomination than five dollars, 
be, and they are hereby authorized to issue bills of the denomi- 
nations of one dollar, two dollars, and two dollars and a half, 
to the extent of five per cent, of their capital stock actually 
paid in, Provided, That the same shall not be construed to au- 
thorize the said banks to issue an aggregate amount of circula- 
tion greater than that now authorized by their charter. This 
authority hereby granted to issue bills of the denominations of 
one dollar, two dollars, and two dollars and a half shall cease 
whenever the General Assembly shall provide and direct, upon 
the payment to the banks, the principal and interest of the sums 
borrowed of them under the provisions of this ordinance. 

Sec. 5. Be it further ordained, That no bank of this State 
shall be required to resume specie payments, whilst any portion 



1861.] State Convention. 47 

of the amounts herein authorized to be borrowed from such 
banks shall remain unpaid. 

Sec. 6. Be it further ordained, That if any person shall 
falsely make, forge or counterfeit, or cause the same to be done, 
or willingly aid or assist therein, any Treasury note in imitation 
of, or purporting to be a Treasury note or bond issued by au- 
thority of this act, with the intent to defraud the State, or cor- 
porations or other persons ; the person so offending shall be 
deemed guilty of felony, and on conviction thereof in the Supe- 
rior Court, he shall be adjudged to stand in the pillory one hour 
and receive thirty-nine lashes on his bare back, and be impris- 
oned not less than six months, nor more than three years, and 
fined at the discretion of the court, and all or any of such pun- 
ishments may, at the discretion of the court, be inflicted. 

Sec. 7. Be it further ordained, That if any person, either 
directly or indirectly, whether for the sake of gain, or with 
intent to defraud or injure any other person, shall utter or pub- 
lish any false, forged, or counterfeit notes as mentioned in the 
preceding section, or shall pass or deliver, or attempt to pass 
or deliver, the same, to another person, knowing the same to be 
falsely forged or counterfeited, the person so offending shall, 
on conviction thereof in the Superior Court, be punished in like 
manner as is provided in the preceding section of this ordinance. 

Sec. 8. Be it further ordained, That this ordinance, or any 
portion of it, may hereafter be altered, modified or repealed by 
the General Assembly, provided nothing contained in this section 
shall be construed to divest any rights accruing to the banks or 
other parties without their consent. 

Sec. 9. Be it further ordained, That the act passed at the 
late session of the General Assembly entitled " An act to provide 
ways and means for the public defence," ratified the 11th day 
of May, 1861, be, and the same is hereby abrogated and annulled. 

Bead three times and passed, 28th of June, 1861. 

W. N. EDWARDS, 
Teste: Prest. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary. 



48 State Convention. [June, 1861. 

[No. 35.] 

AN ORDINANCE TO AMEND AN ORDINANCE PASS- 
ED AT THE PRESENT SESSION OF THIS CON- 
VENTION, ENTITLED "AN ORDINANCE TO PRO- 
VIDE FOR A BOARD OF CLAIMS." 

Be it ordained, That the ordinance passed at the present 
session, entitled "An ordinance to provide for a Board of 
Claims," ratified on the 8th day of June, 1861, be, and the 
same is hereby so amended and modified as to provide that the 
said Board of Claims, shall report the result of their action on 
such claims as they may allow, to the General Assembly, at its 
next session, and that the General Assembly is hereby author- 
ized to pass finally on such allowed claims, and make provision 
for their immediate payment, and that all such claims as may 
not be reported to and passed upon by the General Assembly, 
shall be reported to the Convention at its adjourned session in 
November for the final action of said Convention. 

Read three times and passed, 28th June, 1861. 

W. N. EDWARDS, 
Teste: Pi est. of Convention. 

Walter L. Steele, Secretary, 
L. C. Edwards, Assistant Secretary.